Policy

Terms And Conditions

This terms are effective from November 6th, 2024

Terms of use

  • These Terms of Use represent a legally binding agreement between You and Us, governing your access to and use of Our Platform or any other platform associated, linked, or connected to us. This document is executed in accordance with the Information Technology Act, 2000, including any relevant rules and amendments relating to electronic records, as mandated by the Information Technology Act. This requires the publication of rules, regulations, Privacy Policy, and Terms of Use for accessing or using an online portal.
  • This Platform, offroadacademies.com, is operated by Mr. Nilesh Dhumal, the Owner of the brand OFFROADACADEMIES.
  • We provide our services to you under the following conditions. By visiting or shopping on our Platform, you agree to accept these terms. Please read them carefully. Additionally, when you use any of our current or future services, or purchase from any business affiliated with us, whether or not included on the Platform, you will be subject to the applicable guidelines and terms for such services or businesses. These Terms of Use apply to all users of our Platform. If you do not agree with any or all of these Terms of Use, you are expressly prohibited from using our Platform and should discontinue use immediately.
  • Any new features, products, services, or tools added to the Platform will also be governed by these Terms of Use. You may review the latest version of the Terms of Use at any time on this page.
  • The information provided on this Platform is not intended for distribution to or use by any individual or entity in any jurisdiction or country where such distribution or use would violate applicable laws or regulations, or where it would impose any registration requirements on us. Therefore, if you choose to access our Platform from locations outside of those permitted, you are solely responsible for ensuring compliance with local laws, to the extent that they apply.
  • Any new features, products, services, or tools added to the Platform will also be governed by these Terms of Use. You may review the latest version of the Terms of Use at any time on this page.

1. DEFINITIONS

For the purposes of this agreement, the following definitions apply wherever the context requires:
  1. “Content” refers to the collective content available on our Platform.
  2. "Content Provider" refers to the party providing Content on this Platform, which may include us or a third party.
  3. "Platform" means our online portal that allows users to visit or purchase our Products and Services.
  4. “Product” or “Products” encompasses all merchandise, goods, products, and materials displayed on this Platform or any other website or business affiliated with us.
  5. "Service" or “Services” denotes the facilities provided to you on the Platform by us.
  6. "Supported Device" refers to a mobile device, computer, or other electronic device that is authorized for operating our Platform.
  7. “Us”, “Our,” and “We” refers to Mr. Nilesh NANASAHEB Dhumal, the Owner of the brand “OFFROADACADEMIES” operating this Platform, along with their affiliates.
  8. “You,” “Yours,” “Users,” or “User” signifies any natural or legal person who has agreed to become a buyer on the Platform and/or visit the Platform.

2. ELECTRONIC COMMUNICATIONS

When you visit the Platform, call us, or send us emails, you are communicating with us electronically. You consent to receive communications from us in this manner. We will communicate with you via email, phone calls, messages, or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically fulfill all existing legal requirements.

3. NETWORK AND LOCATION ACCESS

  1. We may request your location, and while you have the option to decline, if you choose to provide it, you grant us the right to access that information
  2. You hereby waive any right of action against us for accessing your location. Please note that you are responsible for obtaining the necessary data network access to use our services, and we are not liable for any data network charges that may apply.
  3. Additionally, you agree that we will not be liable for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.

4. PROPERIETARY CONTENT

We reserve the copyright and all proprietary rights in the Platform and all its Content, including, without limitation, any source code, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software therein or related thereto. The material contained within the Platform is our property unless identified as belonging to third parties. The name “OFFROADACADEMIES” and any other marks, logos, and graphics displayed on the Platform are proprietary trademarks owned by us. Other company, product, or service names displayed on the Platform may be trademarks of their respective owners. You are not granted any right or license to use any trademarks. The Platform or any content therein may not be modified, copied, transmitted, distributed, sold, displayed, licensed, or reproduced in any way by you, except as permitted by us for your personal, non-commercial use. We may change any aspect of this Platform, including the availability of supplies, features, information, databases, or Content. We do not own, nor do we claim ownership of intellectual property expressly identified as belonging to a Content Provider.

5. SERVICES, PRODUCTS AND PRODUCT DESCRIPTION

Through this Platform, we strive to offer a range of Products and Services, including artworks and illustrations, clothing, and accessories related to the automobile industry.

6. USER ACCESS

You may be required to register with the Platform. If you are eligible to use the Platform, you are granted a limited permission to access and make personal use of it, but you must not download (except for page caching) or modify it, or any part of it. The permission granted by us does not include any resale or commercial use of this Platform or its contents; the collection and use of any listings, descriptions, or prices; any derivative use of the Platform or its contents; downloading or copying of account information for the benefit of another merchant; or the use of data mining, robots, or similar data gathering and extraction tools. This Platform, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not use any of our proprietary information (including, but not limited to, source code, database, functionality, software, Platform design, text, graphics, logos, images, designs, videos, button icons, audio clips, digital downloads, data compilations, page layout, or form) without our express written consent. You may not use any of our meta tags or any other hidden text utilizing the name “OFFROADACADEMIES” without our express written consent. Any unauthorized use will terminate the permission granted by us. You may not use any “OFFROADACADEMIES” logo or other proprietary graphic, trademark, service mark, or copyright without express written permission. Any actions taken by you that are not expressly permitted herein are prohibited and may result in civil and criminal repercussions.

7. USER ACCOUNT AND OBLIGATIONS

You acknowledge and agree that you are accessing the Services on the Platform and transacting at your own risk, exercising your best judgment before entering into any transactions with us. We strive to make our services as open and inclusive as possible, but we also prioritize safety, security, and legal compliance. Therefore, we require you to adhere to the following restrictions to be part of this community:

  • a) All registration information you provide must be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Platform (or any portion thereof). If you use this Platform, you are responsible for maintaining the confidentiality of your account, password, and other user credentials, and for restricting access to your Supported Device. You agree to accept responsibility for all activities that occur under your account. We reserve the right to refuse Service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
  • b) You will maintain the accuracy of your information and promptly update it as necessary.
  • c) You confirm that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this Platform.
  • d) You agree that you are not on an applicable denied party listing.
  • e) We have not previously disabled your account for violation of law or any of our policies.
  • f) You are not a convicted sex offender.
  • g) You agree, undertake, and confirm that your use of the Platform shall be strictly governed by the following binding principles:
    • i. You shall not systematically retrieve data or other content from the Platform to create or compile a collection, compilation, database, or directory without written permission from us.
    • ii. You shall not use a buying agent or purchasing agent to make purchases on the Platform.
    • iii. You shall not use the Platform to advertise or offer to sell your products and services.
    • iv. You shall not circumvent, disable, or interfere with security-related features of the Platform.
    • v. You shall not make improper use of our Support Services or submit false reports of abuse or misconduct.
    • vi. You shall not engage in any automated use of the system, such as using scripts to send comments or messages.
    • vii. You shall not interfere with, disrupt, or create an undue burden on the Platform or the networks connected to it.
    • viii. You shall not attempt to impersonate another User or use their username.
    • ix. You shall not sell or transfer your profile.
    • x. You shall not use any information obtained from the Platform to harass, abuse, or harm another person.
    • xi. You shall not use the Platform as part of any effort to compete with us or for any revenue-generating endeavor.
    • xii. You shall not decipher, decompile, disassemble, or reverse engineer any software on the Platform.
    • xiii. You shall not attempt to bypass any measures designed to prevent access to the Platform.
    • xiv. You shall not harass, annoy, intimidate, or threaten our employees or agents.
    • xv. You shall not delete copyright or other proprietary rights notices from the Platform.
    • xvi. You shall not copy or adapt the Platform’s software without permission.
    • xvii. You shall not upload or transmit viruses, Trojan horses, or any disruptive materials.
    • xviii. You shall not use any passive or active information collection mechanisms.
    • xix. You shall not use, launch, develop, or distribute any automated system to access the Platform.
    • xx. You shall not disparage, tarnish, or harm us or the Platform.
    • xxi. You shall not use the Platform in violation of any applicable laws or regulations.
  • h) You shall not:
    • i. Decompile, reverse engineer, or attempt to derive the source code of the Platform.
    • ii. Make any modifications or derivative works from the Platform.
    • iii. Violate any applicable laws, rules, or regulations while using the Platform.
    • iv. Remove or obscure any proprietary notice posted by us or licensors of the Platform.
    • v. Use the Platform for any revenue-generating endeavors not intended by us.
    • vi. Make the Platform available over a network permitting access by multiple users simultaneously.
    • vii. Use the Platform for creating a competitive product, service, or software.
    • viii. Use the Platform to send automated queries or unsolicited commercial emails.
    • ix. Use any proprietary information or interfaces in the design or distribution of competing products.

8. RISK OF LOSS

All items purchased from us are made under a shipment contract. This means that the risk of loss and title for such items transfer to you upon our delivery to the carrier (Third Party).

9. USER GENERATED CONTRIBUTION

The Platform may invite you to engage in discussions, contribute to, or participate in blogs, message boards, online forums, and other features, providing you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform. This includes, but is not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, "Contributions"). Contributions may be visible to other Users of the Platform and through third-party websites. As such, any Contributions you transmit may be considered non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant that:

  • a) The creation, distribution, transmission, public display, or performance, as well as the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
  • b) You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Platform, and other users to use your Contributions in any manner contemplated by the Platform and these Terms of Use.
  • c) You have the written consent, release, and/or permission of each identifiable individual in your Contributions to use their name or likeness, enabling the inclusion and use of your Contributions as contemplated by the Platform and these Terms of Use.
  • d) Your Contributions are not false, inaccurate, or misleading.
  • e) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • g) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • h) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • i) Your Contributions do not violate any applicable law, regulation, or rule.
  • j) Your Contributions do not violate the privacy or publicity rights of any third party.
  • k) Your Contributions do not solicit personal information from anyone under the age of legality or exploit minors in a sexual or violent manner.
  • l) Your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors.
  • m) Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
  • n) Your Contributions do not violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.
  • o) Any use of the Platform that violates the aforementioned conditions breaches these Terms of Use and may result in termination or suspension of your rights to use the Platform.

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Platform, or by making your Contributions accessible to the Platform through linking your account from the Platform or linking our brand, “OFFROADACADEMIES,” or our Platform to any of your social networking accounts, you automatically grant, and represent and warrant that you have the right to grant, us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, whether commercial, advertising, or otherwise. This includes the ability to prepare derivative works or incorporate such Contributions into other works and to grant and authorize sublicenses for the foregoing. The use and distribution of your Contributions may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, franchise name (as applicable), as well as any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that such moral rights have not been otherwise asserted in your Contributions. We do not claim any ownership over your Contributions; you retain full ownership of all your Contributions along with any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions made by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and expressly agree to indemnify us from any and all responsibility and refrain from any legal action against us regarding your Contributions.

We reserve the right, at our sole and absolute discretion, to (1) edit, redact, or otherwise modify any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations on the Platform; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice. We are under no obligation to monitor your Contributions.

11. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to us regarding the Platform ("Submissions") are non-confidential and shall become our exclusive property. We shall own all rights, including intellectual property rights, and shall be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, whether commercial or otherwise, without any obligation to provide acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions and warrant that they are original to you or that you have the right to submit them. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

12. THIRD-PARTY WEB PLATFORMS AND CONTENT

The Platform may contain links to other web platforms ("Third-Party Web Platforms") or you may receive content via the Platform that includes articles, photographs, text, graphics, designs, music, sound, video, information, platforms, software, and other materials belonging to or originating from third parties ("Third-Party Content"). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of any Third-Party Web Platforms or Third-Party Content, and we are not responsible for any Third-Party Web Platforms accessed through the Platform or for any Third-Party Content posted on, available through, or installed from the Platform. This includes, but is not limited to, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or policies of such Third-Party Web Platforms or Third-Party Content. Inclusion of, linking to, or allowing the use or installation of any Third-Party Web Platforms or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Platform and access Third-Party Web Platforms or use or install any Third-Party Content, you do so at your own risk, and these Terms of Use will no longer apply. It is advisable to review the applicable terms and policies, including privacy and data collection practices, of any web platform you navigate to from the Platform or regarding any platforms you use or install from the Platform. Any purchases made through Third-Party Web Platforms are conducted through other web platforms and companies, and we assume no responsibility for these transactions, which are solely between you and the respective third party. You agree that we do not endorse the products or services offered on Third-Party Web Platforms and you shall hold us harmless from any harm arising from your purchase of such products or services. Furthermore, you shall indemnify us for any losses or harm incurred by you related to or resulting from any Third-Party Content or any interactions with Third-Party Web Applications.

13. ADVERTISERS

We may allow advertisers to display their advertisements and related information in specific areas of the Platform, such as sidebar or banner advertisements. If you are an advertiser, you assume full responsibility for any advertisements you place on the Platform and for any services provided or products sold through those advertisements. Additionally, as an advertiser, you represent and warrant that you possess all necessary rights and authority to place advertisements on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. You acknowledge that such advertisements are subject to our Terms of Use. We simply provide the space for these advertisements and have no other relationship with advertisers.

14. PLATFORM MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Platform for violations of these Terms of Use.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such users to law enforcement authorities.
  3. At our sole discretion, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
  4. At our sole discretion, and without notice or liability, remove from the Platform or otherwise disable all files and content that are excessive in size or are burdensome to our systems.
  5. Manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

15. PRICING

Except where noted otherwise, the list price displayed for the Products and Services on our Platform, whether in foreign currency or Indian Rupees, represents the full price for such Products and Services. Prices for our Products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Products and Services (or any part thereof) without prior notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any Product or Service.

With respect to the Products sold on the Platform, we charge your payment method before your order has entered the shipping process. If we are unable to ship your Products as per your order for any reason, we will notify you electronically and refund the value of the Products that are not available. Any additional shipping fees, if applicable, will not be refunded by us.

In the event that the Products or Services sold on the Platform are unfortunately mispriced, and we notice this, we shall acknowledge and communicate to you the procedural obligations required from both parties to resolve any losses, if applicable.

16. ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our Platform or in the Service that contains typographical errors, inaccuracies, or omissions related to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Platform or any related web Platform is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Platform or on any related web Platform, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform or any related web Platform should be taken to indicate that all information on the Platform or on any related web Platform has been modified or updated.

17. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same billing card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you using the contact information provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate information for communication regarding your order. You also agree to promptly update your account and other information, including your email address, billing card number, and expiry dates, so we can complete your transaction and contact you as needed.

18. PERSONAL INFORMATION

Your submission and our use of personal information through this Platform is governed by our Privacy Policy.

19. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This Platform is provided by us on an available basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Platform or the information, content, materials, services, or products included on this Platform. You expressly agree that your use of this Platform is at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this Platform, its servers, or emails sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. We, as well as this Platform, operated by us as an e-commerce merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly from any transaction undertaken during purchase.

20. INDEMNIFICATION

You agree to defend, indemnify and hold us, our respective officers, directors, employees, shareholders, associated entities, agents, successors or assigns, or any party involved in the creation, production, or transmission of this Platform harmless from and against any and all claims, damages, costs, and expenses, including attorney fees, arising from or related to your use of this Platform.

21. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Platform or in respect to the Products and Services constitute the entire agreement and understanding between you and us and govern your use of this Platform, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

22. APPLICABLE LAW AND JURISDICTION

By visiting, accessing, or using our Platform, Products, and Services, you agree that the laws of India, under the jurisdiction of the Courts in Mumbai, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

23. INJUNCTIVE RELIEF

Any dispute arising from the illegal use or exploitation of our intellectual property rights empowers us to seek injunctive and/or other appropriate relief in any court in India or internationally.

24. PLATFORM POLICIES, MODIFICATION, AND SEVERABILITY

When you use any of the Services provided by us through the Platform, including but not limited to the content mentioned herein, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use. We reserve the right, at our sole discretion, to make changes, modify, add, or remove portions of these Terms of Use, at any time without any prior written notice to you. You shall ensure to review these Terms of Use periodically for updates or changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Platform. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our policies, including but not limited to the Privacy Policy as amended from time to time.

25. UNSOLICITED MATERIAL

We always appreciate feedback or other suggestions but may use them without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

26. CONTACT INFORMATION

In case of any queries, concerns, requests or complaints, you can contact us at sales@offroadacademies.com.